Pyrite Resolution Act 2013

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Deferral of decisions

19. (1) Where the Board becomes aware that a builder or developer of a dwelling, has instituted or invoked dispute resolution procedures arising out of or in connection with pyritic heave affecting a dwelling owned by an applicant, the making of a decision—

(a) by the decision maker under section 15 (6)(a) or section 18 (1)(a)(i), or

(b) by the Board under section 18 (3)(a),

in relation to that dwelling may, subject to this section, be deferred.

(2) Where the Board proposes under subsection (1) to defer the making of a decision, the Board shall give notice in writing to the applicant concerned of its intention to defer the making of a decision and invite the applicant concerned to make a written submission to it, within 21 days setting out any reasons why the making of a decision should not be deferred.

(3) The Board, following the expiration of the period referred to in subsection (2), shall consider any submission to it under that subsection and any other matters it considers relevant and may defer the making of a decision under subsection (1) for such period as it considers appropriate in the circumstances and, within 21 days, shall give notice in writing to the applicant concerned of its decision (in this section referred to as a “decision to defer”).

(4) The Board shall review the decision to defer not later than 2 years after the date of the notice under subsection (3) and shall, thereafter, review the decision to defer not later than 1 year after the date of the previous review of the decision to defer.

(5) Where the Board proposes to review the decision to defer under subsection (4), it shall give not less than 21 days notice in writing of the proposal to the applicant concerned and invite the applicant to make a written submission to it, within 21 days, setting out any reasons why the making of a decision should no longer be deferred.

(6) In undertaking a review of the decision to defer, the Board shall have regard to any submissions made to it under subsection (5) and any other relevant information and may either—

(a) further defer the decision, or

(b) make a decision in relation to the applicant’s dwelling,

and, within 21 days, shall give notice in writing to the applicant concerned of its decision.

(7) The Board may make, in relation to an application for inclusion in the pyrite remediation scheme, not more than 4 decisions to defer and, if applicable, shall make a decision on the application not later than 12 months after the fourth decision to defer.

(8) A notice of a decision to defer under subsections (3) and (6)(a) shall advise the applicant that he or she may appeal the decision to the appeals officer within 28 days.